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Amendment No. 1 to Water & Sewer Service Agreement – Pokagon Band of Potawatomi Indians & Pokagon Gaming Authority
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Amendment No. 1 to Water & Sewer Service Agreement – Pokagon Band of Potawatomi Indians & Pokagon Gaming Authority
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12/18/2020 1:17:34 PM
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12/18/2020 1:17:05 PM
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Board of Public Works
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Contracts
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12/17/2020
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Page 3 of 7 <br /> <br />and the sewer system and for the Full Build -Out Phase improvements <br />to the water system located on the Site and to the sewer system located <br />on the Site and off the Site. <br />E. Paragraph 5(f) is amended in its entirety to state as follows: <br />(f). Not later than the date of completion of the Phase II <br />Development of the Site , at the Band Parties’ cost, design <br />and obtain all City, State or other regulatory permits <br />required by law, and construct the Full Build -Out Phase <br />improvements to the sewer system located off the Site. Such <br />improvements are limited to the following: <br />(1). Bore and jack to install a 24″ diameter sewer trunkline <br />Extension from the Site Boundary north under Prairie <br />Avenue; <br />(2). Install a 36″ diameter sewer trunkline Extension from <br />Prairie Avenue along an easement to be acquired and <br />continuing through an existing easement to the Calvert <br />Street Lift Station; <br />(3). During the 18-month build out, the discharg e from the <br />lift station cannot exceed 225 gpm due to the existing <br />capacity of the Locust Road sewer main; and <br />F. Section 5 is amended by insert ing the following new Paragraph (g) and <br />Paragraph (h) immediately after Paragraph (f) and by revising the <br />letters of all subsequent Paragraphs in Section 5 accordingly: <br />(g). Contribute $500,000 to the City to assist with the cost of <br />design and construction of the off-site portion of the Full <br />Build-Out Phase water system , which contribution shall be <br />made by the Band within fifteen (15) days from the date of <br />completion of the off-site portion of the Full Build -Out Phase <br />water system. <br />(h) The Band Parties shall not be responsible for payment to the <br />City of any connector charges, assessment fees, or other costs <br />for connecting to the Full Build -Out water system or sewer <br />system and, in exchange, the Band Parties shall forego their <br />right to receive a rebate of all amounts the City receives from <br />subsequent connector charges and assessment fees paid by
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